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An Application For Anticipatory … vs Marium Bibi @ Mariyum Bibi @ Marium … on 28 September, 2018

1

51 28.09.2018
ss Allowed
C.R.M. 7707 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.09.2018 in connection with
Sagardighi P.S. Case No. 371 of 2018 dated 25.08.2018 under Sections
498A/304B/302/34 of the Indian Penal Code.

And

In the matter of : Marium Bibi @ Mariyum Bibi @ Marium Bibi Anr.

… … petitioners
Mr. Abdur Rakib,
Mr. Biswajit Sarkar
… … for the petitioners
Mr. Rudradipta Nandy
… … for the State

The petitioners seek anticipatory bail in connection with Sagardighi

P.S. Case No. 371 of 2018 dated 25.08.2018 under Sections

498A/304B/302/34 of the Indian Penal Code.

The petitioners are relatives of the husband of the victim who

committed suicide within six months of her marriage, apparently unable to

bear the torture inflicted on her for the victim’s parents not meeting the

dowry demand.

The State produces the case diary and refers to the statement of

some of the neighbours. There are statements to the effect that the victim

was tortured at her matrimonial home.

However, it is evident that the victim committed suicide. The

husband has apparently been arrested.

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Considering the material against these petitioners, particularly in the

light of the fact that the victim committed suicide, there may not be any

need to take them into custody at the moment.

Accordingly, in the event of arrest, the petitioners will be granted bail

upon furnishing security of Rs. 10,000/- (Rupees ten thousand only) each,

with two sureties of Rs. 5,000/- (Rupees five thousand only) each, one of

whom must be local, to the satisfaction of the arresting officer, subject to

the conditions as laid down in Section 438(2) of the Code of Criminal

Procedure, 1973. In addition, the petitioners are directed to meet the

investigating officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions

as indicated above.

A certified copy of this order be immediately made available to the

petitioners, subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J) (Sanjib Banerjee, J.)

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